Tennessee small claims question

[Waltjr]

Jurisdiction

Tennessee

In Tennessee small claims court, can attorney fees be awarded to the winner or is that a cost each party has to deal with themself?

 

[army judge]

In Tennessee small claims court, can attorney fees be awarded to the winner or is that a cost each party has to deal with themself?

A litigant is allowed to have an attorney represent their interests in a small claims lawsuit in the State of Tennessee.

The prevailing party in a small claims case isn't permitted to collect attorney's fees from the other party, however.

If you were to hire an attorney you would be responsible for paying your attorney's fees.

 

[flyingron]

The only way you can recover legal fees in any Tennessee civil action is when the statute specifically provides for it or the contract specifically allows legal fee recovery (and the state court decisions say this must be specifically and narrowly called out, "costs of the proceedings" or the like isn't sufficient). The kind of cases that allow statutory fee recovery aren't usually heard in small claims (they involve things like child custody matters, etc..).

 

[Michael Wechsler]

I don't know and defer to others. As a matter or rote, if suing pursuant to a breach of contract, determine if there is a contract provision for recovery of attorneys fees in the contract.

 

[flyingron]

As I stated, Michael, that does hold true for Tennessee, but there's an onerous court decision says it needs to be pretty specifically worded. For those who want the legal nitty gritty, the decision is here: http://tncourts.gov/sites/default/f...berry_plains_llc_v._claiborne_hauling_llc.pdf